Bill 21. Positive assessment of a post-negotiation year. A winning strategy P. 6 P. 8 P. 4

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1 Positive assessment of a post-negotiation year Bill 21 A winning strategy P. 4 P. 6 P. 8 vol 25 no 2 June 2012 fédération interprofessionnelle de la santé du québec Federal Council June 5, 6 and 7, 2012 Our pension plans being undermined! At the microphone: Marilyn Tremblay, CSSS de Chicoutimi While the pension plans have been questioned on several stages, the FIQ took advantage of this Federal Council to explain to the delegates the issues linked to retirement in order to equip them on this subject which will certainly be among the most crucial over the coming years. Currently, information is circulating everywhere claiming in particular that defined benefit pension plans, like the one for the healthcare professionals (RREGOP), is too generous and expensive. The eligibility age will also be challenged on the pretext that the participants can no longer fund it. Public hearings will also be held in order to find ways of maintaining older workers at work longer. A collective social security net Over time, our society has given itself a collective social security net including, among others, old age financial security measures. However, this net is being increasingly threatened by rising neoliberalism and the economic crises, particularly that of Despite these economic considerations, the threat is first and foremost purely ideological: primacy of market forces, minimum intervention from the State and individualism. Social programmes would become a luxury! We do not have the means, Everyone must do their share and take responsibility So, to comply with this ideology, new formulas have recently appeared. The provincial government has installed the Régime volontaire d épargne retraite (RVER) (Voluntary Retirement Savings Plan VRSP) while the federal government has increased the age of eligibility from age 65 to age 67 (Old Age Security Pension and the Guaranteed Income Supplement). 1 2 POSTE-PUBLICATION Convention (adresse de retour) FIQ Québec 1260, boul. Lebourgneuf, bur. 300, Québec (Québec) G2K 2G2 At the microphone: 1. Joëlle Thiébaut, CHA universitaire de Québec 2. Richard Beauregard, CSSS Richelieu-Yamaska CONT D P. 3

2 fiq en Action P. 2 word from the PresiDent fiq en Action, vol. 25, n o 1, june 2012 Published by the Communication-Information Service after each FIQ Federal Council and Convention meeting Distribution: 60,000 copies graphic layout: Josée Roy Photography: Michel Tremblay, Danielle Bradette cover photo: Renée Coulombe, CSSS Champlain Charles-Lemoyne Printing: Solisco Reprint of any article or excerpt must indicate reprint from the publication FiQ en Action 100% recycled paper To only subscribe to the electronic version of FIQ publications, send a request to info@fiqsante.qc.ca ISSn (Print) ISSn (Online) the saguenay lived up to its reputation! This Federal Council was certainly a milestone for the Federation! For the first time in 25 years, it was now being held outside the major urban centres. Celebrating 25 years of battles and gains for the healthcare professionals, it was obvious that we had to go and visit our seasoned fidgeters, as I like to call them. within the context of the fiq s 25 th anniversary activities, the federation s decision-making meetings are being held outside the larger urban centres to give the delegates an opportunity to get closer to their colleagues in the regions. this federal council was an opportunity to visit the delegates in the saguenay lac-saint-jean area. the members of the csss de chicoutimi local union team were very happy to welcome their colleagues. from left to right: back row: nancy michaud lynda sirois Annie ruelland geneviève blackburn nadia tremblay clément tremblay marie-pierre simard front row: frédéric savard Audrey côté Émilie lévesque julie bouchard In fact, as soon as a demonstration is organized, as soon as a manager tramples our rights and must be confronted, the union reps in this region are the first ones to lead the way. What a privilege to have them in our ranks! red square/ DebAte square Inspired by this great community of union reps and by the context, the FIQ could not pass up the chance to discuss the student movement. All of Québec is currently rediscovering the virtue and the strength of belonging to a community in a social conflict which goes well beyond the hike in tuition fees. Already, things have changed and the Québec that the Federation has decried for some time is now wavering. For more than three years, it is the young people, but also the not so young, who are rising up to defend their values and to propose solutions. Feeling involved from the beginning, the Federation chose What we are experiencing with the student issue is rather refreshing. Ginette Bédard, CSSS du Cœur-de-l Île It is a process of change which has been started. It will be long and painful. We represent members who have different ways of thinking. That is confrontational. Sara Caron-Guay, CHUQ for once they [the youth] are standing up. Maybe not in the way we would like, but» Claude Boucher, CSSS de Bécancour-Nicolet-Yamaska We would not have the gains that we [the healthcare professionals] have today if we hadn t stood up for them. Rita Lamothe, CSSS de la vieille-capitale to support the student movement in their fight, as much as it can. In fact, the FIQ has opposed the hike in tuition fees, just like it opposed the setting up of the health tax: two measures that are in complete contradiction with its statement of principles, with its values of solidarity and social justice. Obviously, the conflict has evolved over the last few months, notably when the Charest government went so far as to impose the infamous Bill 78. now, there is no longer a question of staging sit-ins to denounce the dismal working conditions in the healthcare institutions, any more than to spontaneously invade the World Trade Centre to apply pressure on the government, like we did during our most recent negotiations. In Québec, democracy is a fundamental value. There is therefore every indication that contradictory opinions could coexist without anguish. Unfortunately, bill 78 has direct impacts on the healthcare professionals. for me, the fiq is more than labour relations. It is an organization which defends not only the healthcare professionals, but also social values. Julie ouellet, CSSS Alphonse-Desjardins SPSQ I am proud to see what is happening. They are our members of tomorrow! Michel Léger, West island Health and Social Services Centre - UHCP the Liberal government has adopted a stance and a rigid and authoritarian attitude and some media has contributed to polarizing the debate by demonizing those who wear the red square. Since the members of the FIQ are subject to some media influence, they are no different than the rest of the population. The subject is controversial, even within our ranks. Answers heard During A memorable DebAte During this Federal Council, the union reps in the organization discussed the student issue with maturity, and listened with tolerance to opposing opinions. My last words will therefore be the answers heard during this memorable debate. If we are not concerned with politics, politics will dominate us. Michel Desautels, Hôpital Rivières-des-Prairies AiM The members are entitled to their own opinions. Pascal Beaulieu, CHA universitaire de Québec We are among people [the youth] who need to dream. At the very least, don t shatter their dream. Régine Laurent FiQ

3 FIQ en action p. 3 pension plans Our pension plans being undermined! (CONT D) AnnuAl Ohs week 2012 The poster for the 2012 Occupational Health and Safety Week was revealed to the delegation. This year, the theme concerns protection against dangerous chemical products in the care settings and aims to make the healthcare professionals aware of the risks linked to the exposure and manipulation of such products. Hence the slogan, Invisible aggressors... GOTCHA!. Occupational Health and Safety Illustration: Anne Villeneuve Our pension plans being undermined! (CONT D) Old age represents an age of poverty for a majority of women Women who have not worked only receive the Canadian Old Age Security Pension (OAS). In 2008, 53% of older women received the Guaranteed Income Supplement as compared to 41% of men. Therefore, the public plans are particularly important for women. Women s income on the job market only represents 70% of that of men. This is explained in particular by the fact that they work mostly in much less well paid job categories, that they work part time more often to balance family-personal lifework and that they are absent for pregnancies, childcare and caring for their loved ones. Women therefore, on average, contribute based on a lower income, for a shorter period of time and have less available income to invest in private pensions (eg.: RRSP). So, since their life expectancy is longer, they must stretch a smaller pension over a longer period of time. Freedom of choice for retiring Organization of work has a big influence on the choices of an aging work force to remain at work or not. Retirement is a right and not an obligation and the pension plans give acceptable living conditions at retirement. Even if retirement is linked to a union concern, it is also an employer responsibility. Workers who are not in a position to truly choose when they retire are affected on both a financial and personal level. Some factors make the work experience more difficult. Take the case of the healthcare professionals, half of whom retire early because of difficult working conditions if they have no such restrictions. Choices that will surely result in more poverty and uncertainty at retirement.. RREGOP The members of the FIQ contribute every week on their pay cheques to the Government and Public Employees Retirement Plan (RREGOP), a defined benefit plan guaranteeing the payment of a pension until death. The government and the worker are obliged to contribute to this plan. However, Minister Bachand introduced a new plan which will go into effect on January 1, 2013, the Régime volontaire d épargne-retraite (RVER) (Voluntary Retirement Savings Plan VRSP) which covers all companies without a pension plan with five or more employees. This is a defined contribution plan clearly less advantageous because the employer has no obligation to contribute and the benefit is only established at the time of retirement. The healthcare professionals must remain vigilant of the attacks against the defined benefit plans, a collective tool that must be preserved, because the pension is guaranteed for life, the income at retirement is higher for the same amount of money contributed and the risks linked to performance and life expectancy are assumed collectively. The delegates liked these explanations, but denounced the disengagement of governments from the workers who must carry the burden of the whole responsibility as well as all the risks associated with retirement. They also recalled that particular attention must be given to the overtime worked that is not counted towards RREGOP. Lastly, they stated that it is necessary to also look at the impacts on the young members who are also concerned about their retirement. A reflection to be continued! For more information, the Secrétariat intersyndical des services publics produced a document entitled La retraite n est pas un privilège (Retirement is not a privilege) on which the FIQ collaborated. The latter will be available shortly on the FIQ website At the microphone: 1. Valérie Latreille, CSSS du Suroît 2. Michel Léger, West Island Health and Social Services Centre - UHCP 3. Lucie Landry, CSSS de la Haute-Yamaska

4 FIQ en action p. 4 Finances États Balance financiers Sheets 2011 Bilan positif d une année postnégociation Political choices The finances are the result of political choices, decisions taken by the decision-making bodies of the Federation. Thus, the priorities established in 2011 by the union reps led to the investment of the necessary financial resources to carry them out. Here are a few examples: The Labour Relations Sector, the most significant budgetary item at the FIQ, devoted this post-negotiation year to the implementation and application of the national provisions of the collective agreement. The Legal Team ensured the defence of the unions and the members before the various courts, but also greatly contributed to the pursuit of the action plan aimed at countering independent labour. Thanks to its hard work, the Federation won its case before the Commission des relations du travail in October 2011 concerning 21 respiratory therapists at Hôpital Maisonneuve-Rosemont. The Occupational Health and Safety Team saw the number of appeals linked to work accidents and occupational diseases cases increase in a significant manner. This increase can be explained by the desire of the employers to reduce their costs linked to this type of disability and by the increase in the complexity of the health problems. The FIQ will be addressing this in the months to come, given that the situation is worrisome. Balance Sheets 2011 Positive assessment of a post-negotiation year The delegates attended the presentation of the 2011 balance sheets of the FIQ, a presentation which is of particular interest to them just like the members who want to know how the FIQ uses its money and the state of the organization s financial health. First and foremost, it should be pointed out that an administrative follow-up of the different budget items of the FIQ is carried out monthly in order to prevent or anticipate any cost overruns. In addition, a quarterly monitoring is done by the Executive Committee of the Federation so that the latter can bring adjustments, if needed, in order for the budget targets to be reached. This way of doing things certainly has positive effects, because the 2011 balance sheets do not reveal any major surprises. Moreover, they demonstrate the importance that the Federation gives to the services offered to the affiliated unions and the members. If, in, all energy was concentrated on the negotiations, 2011 brought a return to the organization s regular activities. However, despite a positive assessment, a strict management is necessary to preserve the financial health of the FIQ. In fact, since the context still remains uncertain and the financial impacts are difficult to forecast, it is crucial to maintain a healthy management of the Federation s expenditures. The delegates unanimously adopted the 2011 balance sheets. ADMINISTRATION FUND 2011 Regular Dues Interest Grants Other revenue Total revenue Meetings and elected union officers Sectors Labour Relations Sectors and Services Sociopolitical Status of Women Health and Safety at Work Task and Organization of Work Social Security Total for the sectors Services Education-Animation Union Organizing Communication-Information Translation and Web Total for the services General Administration (including computer) Human Resources Total expenses EXCESS OF OVER The Internal Audit Committee, composed of Jérôme Rousseau, Carl Picard and Pascal Beaulieu, presented its 2011 report to the delegation. This report referred in particular to the good financial management of the FIQ for a first year post-negotiation and applauded the adoption of a code of ethics by the Federation.

5 FIQ en action p. 5 Finances Balance Sheets 2011 (CONT D) RESERVE FOR NEGOTIATIONS 2011 ADMINISTRATION FUND CONTRIBUTION Regular dues Additional dues Other revenue Total contribution NEGOTIATIONS Salaries and fringe benefits Travelling expenses Rental expenses Printing expenses Courier and communications Professional fees Publications Admission and membership fees Federal Council meetings (2 505) Other expenses Private sector negotiations 0 0 Total for negotiation expenses EXCESS OF OVER BALANCE SHEET AS OF DEC. 31, 2011 Union Defence Fund *negotiations, solidarity, head office and Conv. & F. C. meetings Administration Fund* Total CURRENT ASSETS Cash Temporary investments Advances to Administration Fund Advance to Parity Ins.Comm.Fund Advance to Union Defence Fund Debtors Expenses computable on next period Deferred expenses Fixed assets TOTAL ASSETS CURRENT LIABILITIES Suppliers and accrued liabilities Deferred income Human resources dev't Debt coming to term within a year Accounts payable Advance from Administration Fund Long-term debt TOTAL LIABILITIES MEMBER'S EQUITY Accumulated surplus not assigned ( ) Assigned surplus movables/equipment Assigned surplus computer Assigned surplus-head office Surplus reserved for negotiations Surplus reserved for solidarity Surplus reserved for FC and Conv meetings LIABILITIES AND EQUITY SOLIDARITY RESERVE 2011 RESERVE FOR CONVENTION & F.C RESERVE FOR HEAD OFFICE 2011 Contribution from administration fund Other revenue Total contribution Meetings (including Equalization) EXCESS (INSUFFIcieNt) OF / ( ) Contribution from administration fund 0 0 Head office 0 0 EXCESS OF / 0 0 UNION DEFENCE FUND 2011 Administration Fund Contribution Other revenue Total contribution Solidarity EXCESS OF / Administration Fund Contribution Benefits Regular dues Donations 0 0 Interest Union Organizing Regular dues Interest Other revenue Total revenue Benefits Union Defence Fund Committee Salaries and fringe benefits 0 0 Fines and legal expenses Professional fees Interest and bank charges 0 0 Other expenses Financial aid Union Organizing Professional fees Other expenses Total expenses EXCESS (INSUFFIcieNt) OF OVER (73 231) CONT D P. 6

6 FIQ en action p. 6 ORGANIZATION OF WORK Bill 21 Balance Sheets 2011 (CONT D) Bill 21 New sharing of professional fields of practice in mental health The presentation of this bill to the delegation generated some concerns particularly concerning the place of licensed practical nurses in mental health. According to the Federation, nothing calls into question their contribution, because organization of work and the composition of the teams are the responsibility of the institutions. As a follow-up to Bill 90, which aimed to modernize professional practice in the area of physical health, here is new legislation, known as Bill 21, to amend the Professional Code in the field of mental health and human relations. This bill, expected to come into force in September 2012, concerns, in particular, the professions of psychologist, social worker, marriage and family therapist, vocational guidance counsellor, psychoeducator and occupational therapist, and it amends the Medical Act and the Nurses Act. Bill 21 amends the Medical Act and the Nurses Act In addition to giving a modern definition to the fields of practice of these professionals, Bill 21 reserves activities for these professional where there is a risk of prejudice for the patients. Since this bill is likely to affect several stakeholders, the delegation feels that it is crucial that the members of the FIQ completely understand its nature in order to be able to have an influence on the different changes which will take place in organization of work in their institution. Lastly, the Federation sits on the ministerial committee whose mandate consists of planning the implementation of the bill in the institutions in the health and social services network together with all the partners. It will also continue its meetings with the FIQ union representatives from the institutions providing mental health care. The FIQ will continue its reflection and analysis over the coming months. For nurses, Bill 21 adds three reserved and shared activities in particular, including the assessment of mental illnesses, providing that the requirements of education and clinical experience determined by regulation are met. At the microphone: 1. Marie-Josée Forget, CSSS du Haut-Saint-François SPSE 2. Julie Ouellet, CSSS Alphonse-Desjardins SPSQ 1 2 Balance Sheets 2011 (CONT D) AND FOR THE PERIOD AND BALANCE OF ALL FUNDS AS OF DECEMBER 31, 2011 Union defence Fund Administration Fund Negotiation Reserve Solidarity Reserve F.C. and convention Reserve Total BALANCE As of Adjustment Balance after correction as of Revenue for the 2011 period Expenses for the 2011 period Excess for the 2011 period (73 230) ( ) BALANCE AS OF DECEMBER 31, 2011 Assigned surplus-movables/equipment Assigned surplus-head office Assigned surplus-computer Accumulated surplus-not assigned Note: Difference is due to rounding off of decimals ( )

7 FIQ en action p. 7 national NEGOTIATIONs More than a 70% satisfaction rate for the collective agreement The FIQ waged a hard 17-month fight against a tough opponent More than a 70% satisfaction rate for the collective agreement Francine Simard, from the firm Repère Communication Recherche Within the context of the consultative exercise for carrying out the evaluation of the negotiations, the FIQ mandated the firm, Repère Communication Recherche to conduct a survey in order to find out the level of satisfaction of the members for the last negotiations. Francine Simard presented the results of this telephone survey conducted with 659 of the FIQ French and English speaking members to the delegation. Here are a few of the salient facts: For the overall satisfaction of the negotiations, more than 70% of respondents are satisfied with the collective agreement negotiated by the FIQ and they feel that the gains obtained are significant. More than half indicated that the collective agreement meets their expectations and that they have good knowledge of the content. A difference was noted according to the age of the respondents for following the progress of the negotiations. The members aged 45 and older stated they often followed the negotiations while those aged 29 and younger stated they rarely followed them. The FIQ and the inter-union Common Front More than 70% of the members feel that the FIQ played an important role and that it succeeded well in being heard within the Common Front. The FIQ in the media More than 70% of the members find that the FIQ was present in the media throughout the negotiations while more than 80% feel that this presence was pertinent and that it had a positive impact on the results of the negotiations. Conclusive results This survey enables the FIQ to conclude that its members are satisfied with the last negotiation of their collective agreement. The negotiations as a Common Front were also a path that the members liked. However, since the level of mobilization and participation of the members in the mobilization activities in the context of the negotiations were not high, a reflection and an evaluation of the use of new forms of demonstrating the mobilization of the members must be done. The FIQ waged a hard 17-month fight against a tough opponent Michel Grant, Associate Professor at the École des sciences de la gestion de l UQÀM In order to have an outside view of the last negotiation of the national collective agreement for the healthcare professionals, the FIQ asked Michel Grant, Associate Professor at the École des sciences de la gestion de l Université du Québec à Montréal, to evaluate the content. Some delegates questioned Michel Grant on the fact that the healthcare professionals represent a specialized workforce that is in short supply and that they can negotiate alone and still have bargaining power. Mr. Grant was the executive secretary for the Conseil du Québec du Syndicat canadien de la fonction publique (SCFP) for ten years. He negotiated in the municipal sector, hydroelectricity and in the public and parapublic sectors where he acted as the coordinator for the FTQ-CEQ-CSN Common Front in First, Mr. Grant wanted to emphasize that the content of a collective agreement is not evaluated using the demands, but rather at the time the employer offers are accepted. According to him, the FIQ waged a hard battle with a tough opponent for 17 months. The alliance in the Common Front was a key factor and must not be seen as adiscriminating factor for the Federation. In the context of alliances, questions must be asked on the way of forming them and at what time to do so. Alliances are a place for the convergence of common interests and are inevitable for specific subjects. Mr. Grant believes that the challenge for labour organizations in the next round of negotiations will be protecting the pension plans. The delegates emphasized that it was difficult during the last negotiations to maintain unity throughout the negotiations as a Common Front. While the negotiations start at the same time in alliances, they might end otherwise. In that respect, Mr. Grant specified that realistic goals must be set and the chances of protecting what we have are greater with alliances. He reminded the delegation that every negotiation is first and foremost political. A rewarding meeting for everyone!

8 FIQ en action p. 8 national NEGOTIATIONs The FIQ, A strong voice, actions that count Major gains obtained by the FIQ Recognition of the overlap period A winning strategy This Federal Council was an opportunity for the delegates to discuss the evaluation of the last national negotiation of the FIQ collective agreement. An historic negotiations during which several significant gains were obtained for the healthcare professionals. Increase in premiums New definition for the licensed practical nurse team leader job title Recognition of the nurse clinician specialist job title Payment of overtime worked by nurse clinicians Arrangement of work time Reduction in independent labour Upgrading of part-time positions Improvement in the classification of nurse clinicians Improvement in salaries, retirement and parental rights Your delegates adopted a recommendation to broaden the consultations at the time the priorities for the negotiations are determined. They also adopted recommendations to soften the structure of negotiations, to make determining essential services easier and to promote greater participation by the members in union life. To carry out this retrospective, the Federation conducted a broad consultation of the union reps and the employees of the organization as well as of its affiliated unions. Remember that the negotiations were special for the FIQ, because it was negotiating for the first time for all the Class 1 healthcare professionals which they now represent. The prevailing context at that time, frankly unfavourable to the labour movement and undermining public services, influenced the FIQ in the choice and the number of the priorities to submit, the position to take on the public stage, the type of mobilization to propose to the members and the strategies to promote to reach a satisfactory negotiated settlement. The pertinence of making alliances In combining the somewhat somber portrait of the context and the imposition of the 2005 decree, the FIQ chose to undertake the negotiations by making the strategic move of first participating in the SISP-Négociation (APTS, CSQ, FIQ, SFPQ, SPGQ), then in the Common Front with the CSN and the FTQ. Thus four subjects were dealt with at the intersectorial table of the Common Front: salaries, retirement, parental rights and regional disparities. This new labour alliance, which made it possible to negotiate in the name of the 450,000 government employees, was the key to countering the government, from the onset, with a significant show of strength, making it politically impossible for a second decree. The consultation conducted by the FIQ confirmed that the sharing of the matters to be negotiated between the sectorial (FIQ) and the intersectorial (Common Front) was completely appropriate and accepted by the majority of the members of the Federation. In a context of alliances, the FIQ however, like the other labour organizations in the Common Front, did encounter a certain number of difficulties in its labour relationships. Take the difficulty that the FIQ had, within the strategic framework, of reaching an agreement in principle at the same time as the other unions in the Common Front. Also take the structural and functional difficulties and the questions linked to the identity, visibility and mobilization within the FIQ. Alliances, for the delegates, are always included in the FIQ s struggles and even more during a time of negotiations. The FIQ has to take advantage of the experience of the last negotiations and take the necessary step back to evaluate the impacts of continuing or not to work in an alliance, structured or not, with the other labour organizations. Belonging to the SISP and the creation of alliances will be evaluated this fall and discussions will be held at a later time at all levels of the Federation. Necessary changes All the other subjects specifically linked to the reality of the workplace of the healthcare professionals were negotiated at the sectorial table by the FIQ. The Federation proposed an important and audacious change in order to bring lasting and innovative solutions to resolve the deteriorating conditions of practice. The objective of the four major priorities of the FIQ, the recognition of inconveniences, the recognition of responsibilities, the recognition of additional training and the arrangement of work time, was the long-term survival of the public health network by insuring the quality of the services and access to care for the population. They also aimed to take into account familypersonal life-work balance as well as the recognition of the healthcare professionals. The employer offers however were discouraging and the FIQ chose to pursue the battle. A petition with more than 126,000 signatures, hundreds of demonstrations, a musical theme, pop-up events across Québec, camping in front of the National Assembly, all of this and much more over a period of 18 months. The originality and creativity of the FIQ were on the agenda. All the groups met during the consultation confirmed that they supported the FIQ s strategy and that it was a defining moment in the last negotiations. The union reps are proud of it. They also indicated that a broader consultation and validation of the major priorities would indicate to the FIQ how the healthcare professionals see the application of these priorities in their workplaces. The decisions taken at this Federal Council will make it possible to better prepare for the next round of negotiations, scheduled in At the microphone: 1. Martine Côté, CSSS de Chicoutimi